Judith Mole

1. Judith Mole Direct Learn Training Ltd. judithm@directlearn.co.uk www.directlearn.co.uk

2. Using ICT and ILT to comply with new Disability Legislation

3. Purpose of the session • To advise on current and forthcoming education/disability legislation • To offer advice on using ICT/ILT in complying with the above legislation • To provide sources of further information and assistance

4. Legislative Framework • Education Act 1993 • The Building Regulations 1991 • Tomlinson Report • Disability Discrimination Act 1995 • Human Rights Act 2000 • The SEN and Disability Rights in Education Bill (2001?)

5. What the law currently requires • DDA 1995 • since 2 December 1996, it has been unlawful for service providers to treat disabled people less favourably for a reason related to their disability; • since 1 October 1999, service providers have had to make “reasonable adjustments” for disabled people, such as providing extra help or making changes to the way they provide their services; and • from 1 October 2004, service providers may have to make other “reasonable adjustments” in relation to the physical features of their premises to overcome physical barriers to access.

6. What the law currently requires • DDA 1995 • Although education is excluded from Part III of the Act, other non-educational services which are provided by a college on its premises are subject to the Act. • The law requires colleges to provide information on access to education for disabled pupils and students. Other legislation makes provision for the education of disabled people.

7. What the law currently requires • Human Rights Act 2000 • Part II of the First Protocol, Article 2, 'Right to Education' states: "No person shall be denied the right to education.[ ]”

8. What the new legislation will require • The SEN and Disability Rights in Education Bill (2001?) • ‘comprehensive enforceable civil rights’ for disabled people in pre- and post-16 education in England, Scotland and Wales. It has major implications for further and higher education institutions, for the way the curriculum is delivered and students are supported. • The law will make it unlawful ‘unjustifiably’ to treat a disabled person less favourably for a reason relating to a disability. An example of a justification for less favourable treatment might include where health and safety would be endangered.

9. What the new legislation will require • The law will require institutions to make ‘reasonable adjustments’ where current arrangements of physical features place a disabled person at a substantial disadvantage. • A number of areas where adjustments may need to be made: • Admission, administrative and examination procedures e.g. developing a learner agreement with a student or extra time in exams • Course content and workplacements e.g. adapting course materials or providing support for finding an accessible placement

10. What the new legislation will require • Physical features of premises e.g. access to labs and classrooms • Teaching arrangements (e.g. adapting teaching methods) • Provision of additional teaching (e.g. training for dyslexic students in using specialist software) • Provision of communication and support services (e.g. a BSL interpreter or technical support for a disabled student using a computer) • Provision of information in alternative formats (e.g. handouts on disc for a blind student) • Training for staff (e.g. disability awareness, or how to communicate with a lip reader)

11. What the new legislation will require • An anticipatory dutyInstitutions will be expected to anticipate the needs of disabled students and applicants in making their provision accessible. • DisclosureAction will not be required if the institution does not know a students disability. Institutions will be expected to take reasonable steps to find out if individuals are disabled.

12. Other considerations • Funding will be supplied through the FEFC (£172m for FE and HE) • The Acts will be enforced through the courts and case law with substantial compensation for those who have been discriminated against • An education provider will not be required to do anything under the new duties that will result in a breach of legal obligations under other legislation or enactment, e.g. building regulations or fire regulations.

13. How do you comply? • Checklist is available from the QAA for HE • http://www.qaa.ac.uk/public/cop/copswd/pre1%5F12.htm

14. Using ICT/ILT to comply • The management of the business of the College • Admissions • Enrolment • Statistical Information • Informing tutors of their student groups • Getting feedback from disabled students • Time table and rooming arrangements • Completing Learner Agreements for disabled students • Informing staff and students of policies and procedures

15. Using ICT/ILT to comply • Curriculum Design • Flexible/alternative means of participation • alternative means of completing/submitting assessment • Teaching materials in alternative formats • Information and research facilities accessible to sensory impaired students

16. Using ICT/ILT to comply • Staff Development • Providing deaf/disability awareness for staff • Information on teaching and learning issues for disabled students in their subject • Information on sources of support and advice • Information on assistive technology • Links with external support providers

17. Using ICT/ILT to comply • Information for students • Disability Statement • Disability Contacts • Physical Access • Placement Opportunities • Programme Specifications/Course Content • Examination Schedules • Policies and Procedures

18. Benefits of using ICT/ILT to comply • Cost effective • Easy access to information for staff and students • Alternative formats • Flexible access to information

19. Useful Resources • www.skill.org.uk • www.disinhe.ac.uk • www.disability.gov.uk • www.cast.org/bobby/ • www.w3.org/TR/WAI-WEBCONTENT • www.microsoft.com/enable/dev/web/default.htm • www.abilitynet.co.uk • www.computing.dundee.ac.uk/projects/dmag/ • niad.disinhe.ac.uk • www.ndcs.org.uk • www.rnid.org.uk • dis-forum@mailbase.ac.uk

20. Any Questions?